Promote the standardized construction of law enforcement and optimize the business environment

Author:Guangming Daily Time:2022.07.30

[Report from the press conference from the National New Office]

A few days ago, the Executive Meeting of the State Council reviewed and approved the "Opinions on Further Regulating the Formation and Management of Administrative Tailors" (hereinafter referred to as the "Opinions") and "Decision on Cancel and Adjusting a Batch of fines" (hereinafter referred to as "Decision"), Promote the standardized construction of law enforcement and optimize the business environment. On July 29th, at the routine briefing meeting held by the State Council held by the State Council, the heads of the relevant departments from the Ministry of Justice, the General Administration of Market Supervision, and the relevant departments of the Ministry of Transport introduced the above documents.

In recent years, the law enforcement capabilities and levels of various regions and departments have been greatly improved, but there are still problems such as the inaccurate subjects, irregularities, and unreasonable tailoring of administrative tailoring. The behavior exists to varying degrees.

Zhao Changhua, director of the Political Department of the Ministry of Justice, introduced that the "Opinions" put forward solutions from five aspects: First, to clarify the responsibilities and authority of governments at all levels and their departments to formulate administrative tailoring rights. The benchmark shall not be repeatedly formulated; the second is to accurately stipulate the content of administrative tailoring rights. , Clarify the formulation of administrative tailoring rights according to the needs of management, scientifically analyze the factors that affect administrative law enforcement behaviors, and fully consider the implementation effect of administrative tailoring rights. Promote the use of technology; fifth is to increase implementation of implementation, strengthen organizational leadership, and strengthen publicity and training.

"One of the key factor for the effectiveness of administrative tailoring rights is whether the effect is not good is whether the effectiveness is clear, and whether the administrative law enforcement agency and law enforcement officers use administrative tailoring rights to be effectively supervised." Xu Zhiqun, the head of the Coordination and Supervision Bureau of the Ministry of Justice. In order to ensure the effective implementation of administrative tailoring, the Opinions made stipulates from three aspects: First, it is clear that the administrative tailoring rights are applied to the administrative law enforcement decision. The basis, content, facts, and reasons for law enforcement behaviors, if there is a standard for administrative tailoring, the application of administrative tailoring rights must be clarified in the administrative law enforcement decision; the second is to adjust the application of administrative tailoring rights, and to apply the administrative organs to the applicable administrative organs Or if the administrative tailoring rights formulated by the superior administrative organs may have obvious improper, fairness and fairness, or the objective situation of the administrative tailoring rights, it can be adjusted after approval. For serious consequences, we must strictly investigate the responsibility of relevant personnel.

"Decision" canceled 29 fines and adjusted 24 fines. Zhao Changhua said that the strict implementation of the "three uniform" standards of the cleanup work, that is, all the fines that violate the legal authority and procedure settings will be canceled; all the fines are not suitable for economic and social development needs, and they violate the "decentralization service". If the spirit of reform is not conducive to optimizing the business environment, or if there is a fair or improper penalty, it will be canceled or adjusted; if the fines can be regulated or managed in other ways, they will be canceled. "While resolutely put an end to the fines of chaos, it does not simply clean up to clean up. It may be retained for public safety and might be kept after the public safety and cleaning may not be cleaned up." Zhao Changhua said.

"After canceling or adjusting fines, it does not mean that the market regulatory authorities will no longer supervise the above -mentioned violations of laws and regulations." Xu Xinjian, director of the Regulations Department of the General Administration of Market Supervision, pointed out when answering questions from reporters. He said that the General Administration of Market Supervision will enrich supervisory means, closely cooperate with other departments to form a joint supervision force, strengthen supervision in key areas, and ensure security.

After unreasonable fine cancellation or adjustment, the relevant regulatory measures of the Ministry of Transport will also be adjusted accordingly. Wei Dong, the director of the Legal Department of the Ministry of Transport, summarizes three aspects: First, to promote the Internet+supervision, no penalty can be imposed on matters that can achieve supervision purposes through information technology; Instead of punishment for fines; the third is to strengthen cross -department and cross -regional collaborative supervision, promote "joint inspections, one in place", "enter one door, check multiple things", improve supervision efficiency, improve supervision efficiency, and reduce the burden on enterprises.

"The fines for this cleaning are only the first batch. Next, the Ministry of Justice will continue to clean up the fines in other fields with other departments. At present, the relevant work has been carried out simultaneously." Xu Zhiqun revealed.

(Reporter Zhang Wenxiao, a reporter from this newspaper, reporter Jin Hao)

【Edit: Liu Xingchen】

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